Table Of Contents
Case of Marriage and Online Nikah in Pakistan:
If you have a case of online nikah in Pakistan or online marriage in Pakistan you may contact Jamila Law Associates. For Online Nikah in Lahore & A married woman can only claim separate residence and maintenance and not marry on such grounds—interim order. Order for interim maintenance would not be a final order for online nikah in Pakistan or online marriage in Pakistan.
Different Facilities:
Still, the same would be only to facilitate the wife and minor to meet their day-to-day living expenses till the final adjudication of the suit. Such order could not be termed as void ab initio, fanciful, or without jurisdiction. Quantum of interim maintenance allowance, in the present case, prima facie seemed to be fixed among other things keeping in view the minor’s status of parties and expenses. Whether the father had another source of income or not could only be ascertained after recording evidence of both parties. Father had an adequate remedy to challenge the final order/ judgment in the case if it passed the same against him for online nikah in Pakistan or online marriage in Pakistan.
Family Court:
Family Court had no unfettered or unbridled power to fix interim maintenance at its discretion. Pragmatic, rational, and judicial approach, keeping in view the status of the parties, earning of the father, his capacity to pay, and it should consider requirements of the minor for fixation of interim maintenance. The impugned order was interim was subject to final adjudication after recording off evidence of both parties for online nikah in Pakistan or online marriage in Pakistan. Said order could not be challenged (at this stage) under constitutional jurisdiction.
Online Marriage in Pakistan:
After holding that constitutional petition by the father for online nikah in Pakistan or online marriage in Pakistan was not maintenance, Single Judge of the High Court interfered with the interim order of the Family Court by reducing the quantum of maintenance allowance for minors. An interim maintenance fixation of the petitioner-father contended that interim maintenance fixed by the Family Court was exorbitant.
What is viz-a-viz:
Validity. Any such order in which the financial capacity of father viz-a-viz his expenses had not been considered property then-interim maintenance fixed by the Family Court would be unjust, perverse, harsh, excessive, and fanciful. It had provided no appeal against the order of interim maintenance. In such a manner, the father had been deprived of the constitutional guarantee of equal protection of the law in online nikah in Pakistan or online marriage in Pakistan. Order of higher maintenance in favor of minors would create financial problems for a father. When he would not comply with the terms of the interlocutory order, his right to contest the suit on merit would close and be knocked out by the Court.
Interlocutory orders:
Interlocutory orders of the Family Court could not be assailed in constitutional jurisdiction of online nikah in Pakistan or online marriage in Pakistan. Father should not be punished by way of interim maintenance allowance. In the present case, interim maintenance fixed by the Family Court was excessive. Still, High Court in constitutional jurisdiction would not determine the factual aspect of adequacy or inadequacy of said maintenance.